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Poster: John Quigley Date: Feb 14, 2010 11:12am
Forum: feature_films Subject: Please Remove: Bad Taste (1987)

Can someone remove the 1987 Horror-comedy 'Bad Taste'. It's an early Peter Jackson film, and it's not PD.

http://www.archive.org/details/BadTaste1987

Official Statement from Wingnut Films (Jackson's Company) regarding Public Domain Issue: We are aware of this situation and the general state of piracy taking place on the internet. 'Bad Taste' is not public domain property, though there is some confusion over this issue. Steps are being taken to obtain US Copyright on the title and we hope to have resolution in time.

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Poster: Freddie Jaye Date: Feb 14, 2010 5:45pm
Forum: feature_films Subject: Re: Please Remove: Bad Taste (1987)

I'm a writer by trade, so I appreciate precision in expressions. "Steps are being taken to obtain US Copyright on the title and we hope to have resolution in time." Sounds to me like there *is* no US copyright at this time.

Can anyone else weigh in on this?

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Feb 14, 2010 9:28pm
Forum: feature_films Subject: Re: Please Remove: Bad Taste (1987)

What they probably should have written was "Steps are being taken to 'register' the US copyright". They secured US copyright when they published the film in late 1989 (movies released after March 1989 do not require either a notice or registration to secure US copyright - copyright is automatic.) Registration of copyright was only required to pursue unauthorised users for statutory damages ($250,000 per offence, etc.) Without registration, the owners can only seek "actual" damages (which amounts to all profits made by the bootlegger and costs for court action).

The film is also a foreign film (first published in New Zealand, France, Australia a couple of years before the US). Its copyright status in the US is strengthen by GATT/URAA.

The only reason I can see for them registering the copyright at this time is if they intend to take profitable court action, rather than just send C&Ds.

The film won't be PD in NZ until 2038 and won't be PD in the USA until 2085.

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Poster: DeadRed1971 Date: Feb 14, 2010 6:21pm
Forum: feature_films Subject: Re: Please Remove: Bad Taste (1987)

It was copyrighted in 1989 for U.S. video licensing:

Type of Work: Recorded Document
Document Number: V2470P044
Date of Recordation: 1989-06-19
Entire Copyright Document: V2470P044-051
Date of Execution: 15Mar89; date of cert.: 18Jun89
Title: Bad taste; motion picture.
Notes: Exclusive video licensing agreement.
Party 1: the New Zealand Film Commission.
Party 2: Magnum Entertainment, Inc.

Names: New Zealand Film Commission.
Magnum Entertainment, Inc.

This post was modified by DeadRed1971 on 2010-02-15 02:20:33

This post was modified by DeadRed1971 on 2010-02-15 02:21:11